Allowed

Rajvir v. the State NCT of Delhi and Anr.

Delhi HC23 Sept 2024W.P.(CRL)/1349/2024

Case brief

AI extract

What is this about?

Petitioner sought quashing of an FIR concerning sexual offences arising from marital discord. With parties now settled and living together, the Court held no purpose was served by continuing proceedings and quashed the FIR.

What did the court decide?

FIR No. 126/2024 and all proceedings therefrom under Sections 376/328/506 IPC are quashed. Parties must abide by the settlement terms.

Rajvir Vs the State NCT of Delhi and Anr. — Constitutional and Fundamental Rights | Delhi HC (2024)

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$~41

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 1349/2024 CRL.M.A. 13248/2024 CRL.M.A. 13249/2024 RAJVIR

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.....Petitioner

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Through: Mr. Manoj Kumar Sharma, Advocate. versus THE STATE NCT OF DELHI AND ANR. .....Respondent Through: Mr. Yasir Rauf Ansar, ASC for State with Mr. Alok Sharma, Mr. Vasu Agarwal, Advocates for State with SI Aarushi, PS: Rajouri Garden. Mr. Rashid Ahmed, Advocate for R-2.

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R % 23.09.2024

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This petition has been filed seeking quashing of FIR no. 126/2024 registered at PS Rajouri Garden, Delhi under Sections 376/328/506 IPC basis no objection of respondent no.2 and the settlement deed dated 24^th April, 2024.

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Respondent no.2 present in Court duly identified by the IO and is also represented by her counsel. She states that the FIR had been registered on misapprehension because of discord between the petitioner and respondent no.2. She knew the petitioner prior to the incident and considering that she has been in the process of obtaining the talaq from existing husband, some issues arose. She states that oral talaq has already gone through, however, the legal aspects are still to be finalised. She states that she is living with the petitioner

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/09/2024 at 12:55:47

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for a few months now; petitioner who is present in Court also confirms the same.

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ASC for State objects to the quashing of the said FIR basis the judgment of Coordinate Bench of this Court in V.P. Singh v State and Another , (2022) SCC OnLine Del 972. Counsel for petitioner relies on the decision of single Bench order in Prem Kumar v The State & Ors in W.P (C RL) 2869/2023 dated 30^th January, 2024.

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However, considering the peculiar facts and circumstances that issues arose out of a relationship between the parties, and subsequent discord, and now the matter is settled and the parties are living with each other finally, in the opinion of this Court, that no purpose would be served to continue with the proceedings further.

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Considering the above settlement between the parties and the chances of conviction of the petitioners being remote and bleak, there is no use continuing with proceedings of the present FIR as it would be a misuse of the process of the Court and an unnecessary burden on the State exchequer. Consequently, the FIR No. 126/2024 under Sections 376/328/506 IPC registered at PS Rajouri Garden, Delhi and proceedings emanating therefrom are quashed.

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Parties shall abide by the terms of settlement.

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Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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SEPTEMBER 23, 2024/RK

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Rajvir v. the State NCT of Delhi and Anr.

Case brief

What is this about?

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Rajvir v. the State NCT of Delhi and Anr.

Case brief

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